DWI Lawyers Will Help with Beach Haven NJ Breath Test Refusal Charges
Many drivers incorrectly believe that they might be able to avoid a driving under the influence charge by refusing to take a breath test or blood test. Actually, the the truth is that it can lead to more issues. NJ has an implied consent law, that requires all drivers to provide a breath sample upon request by a police officer. When you do not take part in a breath test in New Jersey, not only will an officer arrest you for a DWI, but you will face additional breath test refusal charges.
Just because you were accused of refusal does not mean you will have to experience the penalties of a conviction. The consequences can be steep, but DUI attorneys are well equipped to protect you during a trial. The circumstances of your arrest and the protocol of the officer who arrested you can make it easier for you to beat the charges.
Speak to a DWI lawyer to defend you from refusal charges in Beach Haven, NJ.
Refusing a Breath Test in Beach Haven, New Jersey
If you are aware of your rights at the state level, you will have a much better chance of beating charges brought against you in court. A skilled New Jersey DWI lawyer will be able to inform you of these rights and assist you in protecting them.
If an officer has not proven probable cause to give a breath test, commencing with the test anyway is a violation of your rights. Even if you are stopped for a traffic violation, probable cause has to be proven by the officer.
If probable cause is established, an officer can require that you perform a breath test. If the officer believed your blood alcohol concentration (BAC) level could be above 0.08%, you would have had to take part in the breath test.
A refusal charge can have more legal consequences than a standard DWI. A refusal charge can even require a stronger defense in order to avoid a conviction. Your lawyer should be able to fight the arrest itself. If there is potential to beat these charges, a DWI attorney can help.
Blood Test Refusal
A blood test can be used as an alternative to breath tests on certain occasions. If a person is unable to participate in a breath test for medical reasons, for instance, a blood test may occur. Blood tests are also implemented to test for drugs.
Consult a DWI Lawyer with a History of Defending Refusal Charges
Your DUI lawyer should have the experience to help you beat a refusal charge. Carmine Villani, Esq. has been challenging refusal charges in NJ for years. He has had the same training as officers in New Jersey receive to test for BAC levels. He has been trained to use the Dreager Alcotest® and will help you fight your charges based on any misuse of technology or a lack of process that may have taken place during your arrest.
Penalties for Breath Test Refusals
According to state law, breath test refusal charges come with consequences that are in addition to any DWI and DUI consequences. Attorneys from Villani & DeLuca will work with you to fight DWI charges as well as refusal charges thanks to years of experience. The penalties associated with refusal in New Jersey become even more severe if you have prior DUI convictions or refusal convictions. Refusal penalties include fines, license suspensions and ignition interlock devices.
Penalties and fines due to refusal in NJ (N.J.S.A. 39:4-50.4(a)) include the following:
You may lose your license for at least seven months and confront fines that reach from $300 to $500.
You may lose your license for a minimum of two years and owe fines of at least $1,000.
Loss of license for a decade and a mandatory fine of $1,000.